1504023 (Refugee)

The applicant, who arrived in Australia in March 2008 and subsequently became an unlawful non-citizen in March 2011, applied for a Protection visa in July 2014. The applicant claimed to be a member of a minority Hindu group in Bangladesh and asserted that he faced discrimination and persecution based on his religion. The delegate of the Minister questioned the applicant's credibility, noting the significant delay in his application and the fact that he had not sought protection when he first became unlawful, suggesting an opportunistic rather than genuine claim for protection. The Tribunal was tasked with determining whether the applicant met the criteria for a Protection visa.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under Article 1A(2) of the Refugees Convention, as incorporated into section 36(2)(a) of the Migration Act 1958 (Cth), or whether he met the complementary protection criterion under section 36(2)(aa) of the Act. This involved assessing the applicant's claims of persecution for reasons of religion and determining if there were substantial grounds to believe he would suffer significant harm if removed from Australia. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's claims of religious discrimination and persecution in Bangladesh, noting his assertion that he had experienced pressure from society, school, and his living areas due to his Hindu faith. However, the Tribunal found that the applicant did not satisfy the criteria for a Protection visa. The decision highlights that the applicant did not establish that he was a refugee as defined by the Convention or that he met the complementary protection grounds. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.